National Study of Public Attitudes on Forced Arbitration

The Employee Rights Advocacy Institute For Law & Policy Unveils Major Study On Forced Arbitration

In April 2009, The Employee Rights Advocacy Institute For Law & Policy (The Institute), in collaboration with Public Citizen, unveiled findings of a National Study of Public Attitudes on Forced Arbitration.

The study is based on a major national survey on mandatory arbitration of employment and consumer claims conducted by Lake Research Partners, one of the most respected national public opinion and political strategy research firms in the country. This important research was made possible by a grant from The Public Welfare Foundation.

The survey of 800 likely voters nationwide found that a majority of Americans opposes the practice of forced arbitration:

A solid majority of Americans (59%) opposes forced arbitration clauses in the fine print of employment and consumer contracts, including both men and women and majorities of Democrats, independents, and Republicans.

Similarly strong majorities (59%) support the Arbitration Fairness Act. Support for the Act also crosses traditional gender and political divides.

Even after voters hear arguments in favor of, and opposed to, forced arbitration, opposition to the practice holds firm. Just one-third of the electorate supports the practice.

Roughly three-quarters of Americans believe they can sue an employer or company should they be seriously harmed or have a major dispute arise – even if they are bound by forced arbitration terms.

Most Americans are unaware of the rights being taken away from them. Approximately two-thirds cannot remember seeing anything about forced arbitration in either Terms of Employment or Terms of Agreement for goods and services.